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CA SB1437

Bill

Status

Passed

9/30/2018

Primary Sponsor

Nancy Skinner

Click for details

Origin

Senate

2017-2018 Session

AI Summary

  • Requires principals in crimes to act with malice aforethought to be convicted of murder, eliminating liability based solely on participation in a crime.

  • Limits felony murder convictions to defendants who were the actual killer, aided the killer with intent to kill, or were a major participant in the underlying felony who acted with reckless indifference to human life.

  • Exception: Defendants cannot use the new restrictions if the victim was a peace officer killed while performing duties and the defendant knew or reasonably should have known the victim was a peace officer.

  • Creates Section 1170.95 allowing defendants convicted of felony murder or murder under the natural and probable consequences doctrine to petition for conviction vacation and resentencing if they would not qualify under the new standards.

  • Resentencing hearings shift burden of proof to prosecution to prove beyond reasonable doubt that the petitioner is ineligible for resentencing; new sentences cannot exceed original sentences.

Legislative Description

Accomplice liability for felony murder.

Last Action

Chaptered by Secretary of State. Chapter 1015, Statutes of 2018.

9/30/2018

Committee Referrals

Appropriations6/26/2018
Public Safety6/11/2018
Appropriations4/25/2018
Public Safety3/8/2018
Rules2/16/2018

Full Bill Text

No bill text available